Starr discusses landmark executive privilege ruling

Published: Sunday, October 25, 1998

MINNEAPOLIS (AP) - The U.S. Supreme Court set a vital precedent 24 years ago in ruling that the needs of the criminal justice system outweigh a president's right to protect confidential information, Independent Counsel Kenneth Starr said Saturday.

Paraphrasing Watergate-era writings of retired Supreme Court Justice Byron White regarding the case of Richard Nixon, Starr said at the University of Minnesota that "the needs of the criminal justice system are paramount, and they should carry the day."

Starr joined other legal experts in examining United States vs. Richard Nixon, the 1974 ruling that curbed claims of executive privilege and forced Nixon to release the famous tapes that led to his resignation.

"This principle demands respectful treatment and thoughtful invocation by the executive," Starr said during a legal forum hosted by the university's law school. "It should not be abused."

Starr has challenged President Clinton's claims of executive privilege - a concept not spelled out in law that protects communication between presidents and their trusted advisors - and cited the Nixon case in his report to Congress.

He did not refer to the Clinton case Saturday or take questions from reporters.

The president continues to use executive privilege claims to shield White House lawyers from answering certain questions about the Monica Lewinsky scandal.

While Starr steered clear of the Clinton controversy, his comments shed light on his perception of the president's legal strategy.

In the Nixon ruling, the high court said presidents should be able to communicate candidly with their advisers without fear of public disclosure. But the court also said that Nixon had no compelling reason to withhold the audio tapes - state secrets or military information were not at risk - from prosecutors who were building a criminal case.